A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 28, 2007, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Kimcheon Branch on November 28, 2007, and KRW 4 million as a fine for a violation of the Road Traffic Act (driving) from the Western Branch Branch of the Daegu District Court on March 16, 2012.

On April 28, 2016, the Defendant: (a) was a person who violated the Road Traffic Act more than twice due to a drunk driving; and (b) was driving BM5 car under the influence of alcohol with approximately 100 meters alcohol concentration of 0.177% from the 100-meter section, from the road front of the main alcohol house in the Gu-si, Si-si, Si-si, Si-si, Si-si, to the Nechip road in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the statement of the situation of drinking drivers;

1. Previouss before judgment: Application of criminal records, inquiry reports, investigation reports (reports prior to and after the disposition), and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The grounds for sentencing under Article 62-2 of the Criminal Act include the following: (a) the Defendant may have a record of serving a sentence due to drunk driving, etc.; (b) the drinking driving is a serious crime threatening the life and body of himself/herself and other persons; and (c) the blood alcohol concentration level of this case is very high to 0.17%, which is disadvantageous to the Defendant.

However, the defendant is against the facts charged, and the circumstances favorable to the defendant, such as the fact that an accident has not occurred frequently, and the defendant's age, character and conduct, and environment, etc., and all other circumstances constituting the conditions for sentencing as shown in the arguments in this case, shall be determined as per the text.